Stupidity rampant in Arizona

This was posted by a friend to a website in response to the article cited. While his rhetoric is a bit overblown, I think he still makes some great points. - Edward

Arizona: State Senator Proposes New Militia [sic]
http://azcapitoltimes.com/news/2010/11/24/harper-proposes-state-sanctioned-militia-to-patrol-border/
Arizona Capitol Times
Sen. Jack Harper, a Republican from Surprise, said he plans to introduce legislation next year that would create a government-sanctioned militia that would be allowed to patrol the border to observe illegal activity and report it to enforcement authorities. Under Harper’s plan, the civilian force would be under the supervision of the Arizona National Guard. Its members would be allowed to carry weapons for self defense. Volunteers would need a fingerprint clearance card or undergo a background check to qualify... The proposal is yet another example of Arizona’s attempt to take matters into its own hands, which arose from a widely shared belief among the state’s residents and lawmakers that the federal government has failed in its job to secure the border. But the idea of deploying a state-sponsored militia on the U.S.-Mexico border raises red flags for some legal scholars. Paul Bender, a professor of constitutional law at Arizona State University, said a civilian militia would not be allowed to stop illegal immigrants from crossing the border because that authority is reserved for the federal government. Any direct action by the state or a militia to stop illegal immigrants from crossing the border may violate the U.S. Constitution, he said...
Arizona Border Patrol by the numbers: National Guard deployment along the U.S.-Mexico border: 559 in Arizona; 284 in Texas; 260 in California; 82 in New Mexico[.] Estimated cost of National Guard deployment for a year: $135 million, which will be shared by U.S.[.]
Department of Homeland Security and the U.S. Department of Defense Border Patrol troops along the Southwest border: 17,500[.]
— Source: National Guard Bureau

Commentary

Where to begin? With this many stupid people out wandering around, I’m afraid to even drive through Arizona, much less get out of my car there. Harper may have thought about this a lot, but a scholar - especially a MILITARY scholar, he ain’t. First, militia ARE military when they are called up by ANYONE: local sheriff, state, or federal. They aren’t “civilians” any more. Second, there is no such thing as a “state-sponsored [or “government-sanctioned”] militia” - the state would be activating a PART of the militia under state control. Harper is an idiot, who can’t write a law: he probably can’t READ one, either, and I wonder if he could write directions on how to go home.

Now, on to the next idiot, this “constitutional scholar” at ASU, Bender, who says: “a civilian militia would not be allowed to stop illegal immigrants from crossing the border because that authority is reserved for the federal government. Any direct action by the state or a militia to stop illegal immigrants from crossing the border may violate the U.S. Constitution.” Let me say it again: Bender is an IDIOT. The Constitution gives Congress authority to do exactly TWO things related to immigration IF THAT. Article 1 Section 8 gives Congress power: “To establish an uniform Rule of Naturalization,” and Section 9 of the same article gives Congress one other power: “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.” This did NOT prohibit many states from prohibiting the migration or importation of slaves before that time - or AFTER. It would presumably apply to ANY other persons, as indeed states like California determined that people from certain oriental countries could not migrate to the state, and many states prohibited migration by American Indians.

Now, some people claim that another part of Section 8 gives Congress power over immigration: “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;” This clause, the Commerce Clause, is perhaps THE most abused clause of the Constitution, and is used to justify almost anything. But logically, it does not work: if immigration (actually, migration - emigration AND immigration) is “commerce” then Congress would be able to enact and enforce laws regulating the movement of people across STATE lines as well. And so far, at least (giving no one ANY ideas), they haven’t and can’t do that. The closest they have come was the idea of federal law making it a crime to drag women and minors across state lines for “immoral purposes” - but since the courts have determined that there ARE no immoral purposes any more, that law is gutted. AND IT DOES NOT PROHIBIT STATES FROM ENACTING AND ENFORCING THEIR OWN LAWS. For decades, northern states, smug in their hypocrisy, prohibited slaves from being imported into NY, MA, PA, etc. even when it was still illegal for the FedGov to prohibit importation. States can STILL ban importation of certain fruit from other states, based on health and agricultural issues.

However stupid Arizona’s idea may be, it just is NOT “unconstitutional.” And both Harper and Bender are IDIOTS. There are a few more idiots quoted, but let me move to the end of the article, written by the IDIOTS who call themselves the staff (newsroom and editorial, no doubt) of the Arizona Capitol Times. Two things, and I’m going to drop it: First, the Border Patrol is NOT a part of the “Department of Defense.” It probably SHOULD BE - because there is no authority for anyone OTHER than military troops to be used to defend the country, but it isn’t. No, it is part of that bureaucratic rathole for money called DHS. Second, Border Patrol have “CIVILIANS” and not “troops.” There may be 17,500 “sworn Border Patrol civilian officers” along the SW Border, but everyone tells us that COPS are NOT soldiers. If Border Patrol “sworn officers” are soldiers, then so is EVERY federal “sworn officer” whether they work for the Federal Protective Service or the FBI or the Secret Service or the EPA or the Park Service; and so likely is every state and local police officer, right down to that parking-meter maid and the local dog-catcher. But the “fine newspapermen” (and women) at the ACT are too STUPID to know any different: they are IDIOTS. Of course, if they weren’t so stupid, they would point out that Harper and Bender and the rest ARE stupid.